Terms & Conditions

1. About us

Sky’s No Limit™ supplies powered access systems, related equipment, training and technical support to businesses across Australia. We are part of the CPR Group.

2. Use of the Site

You may use the Site for lawful purposes only. You must not:

• use the Site in any way that breaches applicable laws or regulations;
• attempt to gain unauthorised access to the Site, its servers or any connected systems;
• introduce viruses, malware or other harmful code; or
• reproduce, copy or resell any part of the Site without our written consent.

We may suspend or restrict access to the Site where reasonably necessary, including for misuse, security risks, breach of these Terms, or legal or operational reasons.

3. Products, pricing and website information

We make reasonable efforts to ensure that product information, specifications, images, availability and pricing on the Site are accurate and current. Errors and changes may occur. To the extent permitted by law, we may correct errors, update product details, change availability and amend pricing before accepting an order.

All prices are in Australian dollars (AUD) and, unless stated otherwise, exclude GST, freight, delivery, installation, commissioning, training, servicing and any other applicable charges.

Website content is general information only. It does not replace product manuals, technical specifications, manufacturer instructions, site-specific advice, work health and safety advice, engineering advice, or any formal quote or written agreement issued by us.

4. Product suitability and site conditions

You are responsible for assessing whether a product or service is suitable for your intended use, site conditions, building conditions, access requirements, load requirements, operator requirements and safety obligations.

Any guidance we provide is based on the information available to us at the time. You are responsible for ensuring that information you provide to us is complete, accurate and not misleading, including details about your site, project, building, access constraints, proposed use and safety requirements.

You must not use any product for a purpose, site condition or application outside the manufacturer’s specifications, operating manual, training materials or any written instructions provided by us or the manufacturer.

5. Orders, cancellation and payment

Placing an order is an offer to purchase, which we may accept or decline on reasonable commercial grounds (including availability, credit approval, pricing errors, incomplete information, safety or suitability concerns, or suspected fraud). Your order is accepted only when we issue an order confirmation or otherwise confirm in writing.

Payment must be made in full before dispatch unless we have agreed credit terms in writing. We accept the payment methods displayed at checkout or specified in our quote or invoice.

If credit terms are approved, invoices must be paid by the due date. If an amount is overdue, we may charge interest at 2.5% per calendar month (compounding monthly) from the due date until paid in full, and recover reasonable recovery costs (including debt collection and legal costs on a solicitor / client basis). We may suspend supply, delivery, training, servicing or support while amounts are overdue, except where doing so would be unlawful.

Orders for special-order, customised, imported or procured equipment may not be cancellable once accepted. If we agree to cancel, you may be required to pay reasonable costs already incurred by us (supplier charges, freight, restocking, administration or customisation costs). This does not limit your rights under the Australian Consumer Law.

6. Delivery, freight and risk

We deliver across Australia through freight partners or other agreed delivery methods. Delivery times are estimates and may be affected by supplier availability, freight capacity, site access, weather, import delays, public holidays, or other factors outside our reasonable control.

You are responsible for ensuring the delivery location is accessible, safe and suitable for delivery and receipt of the products, and for providing accurate delivery details and any site access instructions reasonably required.

Unless otherwise agreed in writing, risk of loss or damage passes to you when the products are delivered to the delivery address, collected by you, or made available for collection by your nominated carrier.

Please notify us of delayed, missing or damaged deliveries as soon as possible, preferably within seven (7) days of receipt. This does not limit your rights under the Australian Consumer Law.

Additional freight, storage, re-delivery, failed delivery, waiting time or site access charges may apply where caused by incorrect delivery information, unavailable recipients, unsuitable site access or delayed collection.

7. Ownership and title

Ownership of products (Unpaid Goods) remains with us until we have received full payment for the relevant products and any associated charges, including GST, freight, delivery, installation, training, servicing and other agreed costs.

Until ownership passes to you:

• you must keep the Unpaid Goods identifiable, in good condition, adequately insured (with SNL noted as an interested party) and free from any encumbrance, except as permitted by law or agreed by us in writing;
• you must store the Unpaid Goods separately from other goods and in a manner that makes them readily identifiable as our property; and
• you must not dispose of, encumber or deal with the Unpaid Goods except in the ordinary course of your business.

Personal Property Securities Act 2009 (Cth) (PPSA)

The following provisions apply in connection with the PPSA:

• The parties acknowledge that this clause creates a security interest (and may constitute a purchase money security interest (PMSI)) in the Unpaid Goods and their proceeds in favour of SNL.
• You consent to SNL registering a financing statement on the Personal Property Securities Register (PPSR) and agree to execute any documents and do all things reasonably required to perfect and maintain that security interest.
• You waive the right to receive a verification statement under section 157 of the PPSA.
• You agree not to register, or permit the registration of, a financing change statement in respect of SNL’s security interest without SNL’s prior written consent.
• To the extent permitted by law, you waive your rights under sections 95, 96, 120, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA.
• If the Unpaid Goods are at risk or our security interest is in jeopardy, you consent to us entering any premises where the Unpaid Goods are located to inspect, take possession of, or recover them.
• If you on-sell or otherwise deal with any proceeds of the Unpaid Goods before title passes, you must hold those proceeds on trust for us and pay them to us on demand.

8. Returns, warranties and consumer rights

Products may be supplied with manufacturer warranties as set out in the documentation accompanying each product. Warranty terms vary by product and are available on request. Manufacturer warranties are in addition to, and do not limit, your rights under the Australian Consumer Law.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with goods, you are entitled to a replacement or refund and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

For major failures with services, you are entitled to cancel your service contract and obtain a refund for the unused portion, or compensation for its reduced value. You are also entitled to compensation for any other reasonably foreseeable loss or damage. For non-major service failures, you are entitled to have the problem rectified within a reasonable time.

Change-of-mind returns are not accepted on commercial equipment unless we agree otherwise in writing. This does not affect your rights under the Australian Consumer Law.

To request a return, repair, replacement or warranty assessment, contact us at info@skys-nolimit.com.au with your order details, a description of the issue, photographs where relevant and any supporting information reasonably required.

You must not continue using equipment that appears damaged, defective, unsafe or unsuitable. Continued use after identifying a fault may affect warranty assessment and create additional safety obligations for you.

9. Training, demonstrations and technical support

Where we provide operator training, demonstrations, installation assistance, servicing, maintenance or technical support, those services are delivered subject to the relevant quote, service agreement, training agreement or other written terms provided by us.

Training, demonstrations or technical support provided by us do not constitute formal certification, licensing or accreditation under any regulatory framework unless expressly stated in writing.

You remain responsible for ensuring that all operators, workers, contractors and site personnel hold the licences, competencies, inductions, supervision, training and authorisations required by law, contract, site rules, manufacturer instructions or your own safety management systems.

Any demonstration or training is based on the conditions, information and equipment available at the time and does not remove your responsibility to conduct ongoing risk assessments, pre-start checks, equipment inspections and safe work planning before each use.

10. Customer work health and safety obligations

You are responsible for ensuring any equipment purchased from us is used safely, lawfully and only for its intended purpose. You must comply with all applicable work health and safety laws, regulations, codes of practice, site rules, safe work method statements, risk assessments, manufacturer instructions, operating manuals and any written instructions provided by us.

As a person conducting a business or undertaking (PCBU) within the meaning of the Work Health and Safety Act 2011 (Cth) and applicable state and territory equivalents, you have non-delegable duties to ensure, so far as is reasonably practicable, the health and safety of workers and other persons affected by your work. Nothing in these Terms limits or modifies those duties.

Where equipment supplied constitutes registrable plant under applicable WHS regulations, you are responsible for ensuring the plant and its design registration are current and that the plant is registered with the relevant state or territory WHS regulator before it is put into service.

You must ensure that all operators and workers are appropriately trained, competent, supervised and authorised, and that equipment is regularly inspected, maintained, stored and handled safely.

You are responsible for identifying and managing site-specific risks, including those relating to working at heights, electrical hazards, weather, traffic management, exclusion zones, falling objects, ground and building conditions, emergency procedures and interaction with other trades or site activities.

You must not modify, disable, misuse, overload, bypass safety features, or use equipment contrary to manufacturer instructions or our written safety instructions.

11. Intellectual property

All Site content (text, images, logos, graphics, video and design) is owned by or licensed to CPR Group Australia Pty Ltd. The trademarks Sky’s No Limit™, SNL™, PEARS®, SkyPod®, MARS™ and AIMMS™ are owned by or used under licence by CPR Group Australia Pty Ltd.

MODE® and related product names are trademarks of their respective owners, used here with permission as the authorised Australian distributor.

You may not reproduce, modify, distribute or use any part of the Site content without our prior written consent. Nothing in these Terms transfers ownership of any intellectual property rights to you.

12. Disclaimers and limitation of liability

The Site and its content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we exclude all warranties, representations or guarantees, express or implied, in relation to the Site, except those that cannot lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies your rights under the Australian Consumer Law or other laws that cannot be excluded.

To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, our liability arising out of or in connection with the Site, products or services is limited to the amount paid by you for the relevant product or service.

This limitation does not apply to liability that cannot lawfully be limited or excluded, including liability arising from fraud, wilful misconduct, gross negligence, personal injury, or breach of any non-excludable statutory guarantee.

To the maximum extent permitted by law, we are not liable for indirect, consequential, special or economic loss, loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, downtime, delay, or loss arising from misuse of equipment, unsuitable site conditions, failure to follow instructions, or failure to comply with WHS obligations.

13. Indemnity

To the maximum extent permitted by law, you indemnify SNL and its related bodies corporate, officers, employees, agents and contractors (the Indemnified Parties) against all claims, losses, damages, costs (including legal costs on a solicitor–client basis) and liabilities arising out of or in connection with:

• your misuse of any equipment supplied by us, or use contrary to manufacturer instructions or our written instructions;
• your failure to comply with applicable WHS laws, regulations, codes of practice or manufacturer safety instructions;
• any information you provide to us that is inaccurate, incomplete or misleading;
• your breach of these Terms or any other agreement with us; or
• any third-party claim arising from your acts or omissions in connection with the equipment or services supplied.

This indemnity does not apply to the extent the loss or damage is caused by the Indemnified Parties’ own negligence, wilful misconduct or breach of these Terms.

14. Events outside our reasonable control

We are not liable for delay or failure to perform an obligation caused by events beyond our reasonable control, including supplier delays, freight disruption, import or customs delays, industrial action, extreme weather, natural disasters, government action, accidents, cyber incidents, system outages, public health events, or shortages of materials, labour or transport.

If such an event occurs, we will notify you as soon as practicable of the nature and expected duration, and take reasonable steps to minimise impact and resume performance as soon as practicable.

If the event continues for more than sixty (60) days, either party may terminate any affected order or agreement by written notice. We will refund any prepayments for goods or services not yet delivered, less any reasonable costs already incurred.

15. Electronic contracting

These Terms apply to orders placed through the Site and by other electronic means. A contract between you and us is formed only when we issue a written order confirmation, invoice or equivalent document acknowledging acceptance of your order. An automated order acknowledgement does not by itself constitute acceptance.

Electronic communications (including emails and order confirmations) satisfy any requirement for the communication to be in writing and are binding on the parties, consistent with the Electronic Transactions Act 1999 (Cth) and applicable state and territory equivalents.

16. Third-party links

The Site may contain links to third-party websites for your convenience. We are not responsible for the content, accuracy or security of those websites and provide the links without endorsement.

17. Privacy

Your use of the Site is also governed by our Privacy Policy, available at skys-nolimit.com.au. Please review it to understand how we handle personal information.

18. Dispute resolution

If a dispute arises in connection with these Terms, the Site, or a product or service supplied by us, either party may notify the other in writing. The parties must use reasonable efforts to resolve the dispute in good faith through discussion or escalation to an appropriate representative within 14 days of written notice (or such longer period as agreed in writing).

Nothing in this clause prevents either party from seeking urgent injunctive or protective relief, commencing debt recovery proceedings for undisputed overdue amounts, or exercising rights that cannot be restricted by law.

19. Governing law

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

20. General provisions

Entire agreement. These Terms, together with any applicable quote, order confirmation, service agreement or other written document issued by us, constitute the entire agreement between the parties and supersede all prior negotiations, representations and understandings.

Severability. If any provision is found invalid, void, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force.

Waiver. A party’s failure or delay in exercising any right is not a waiver. No waiver is effective unless given in writing signed by the waiving party.

Assignment. You may not assign, transfer or novate your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a related body corporate or in connection with a sale or restructure of our business, without your consent.

Limitation period for claims. Any claim arising out of or in connection with these Terms, a product or a service (other than a claim under the Australian Consumer Law or another non-excludable law) must be notified to us in writing within twelve (12) months of the date you became aware, or ought reasonably to have become aware, of the circumstances giving rise to the claim.

21. Changes to these Terms

We may update these Terms from time to time. We will give at least 30 days’ notice of any material changes by posting the updated Terms on the Site with the updated effective date, or by notifying you directly where practicable.

Changes will not apply to orders already confirmed in writing prior to the effective date of the updated Terms, unless required by law or agreed in writing.

Your continued use of the Site or placement of new orders after the effective date of updated Terms constitutes your acceptance of those changes for future use and future transactions.